SPECIAL SET HEARING ON: PETITION FOR WRIT OF MANDATE
SET BY DEPT. 9
* TENTATIVE RULING: *
Petitioner Victor’s Segovia’s writ of mandate pursuant to CCP Section 1085 is denied. Segovia contends that Respondent Joseph Canciamilla, Contra Costa County Clerk-Recorder- Registrar (“Registrar”) had a ministerial duty (1) to file Segovia’s papers on March 9, 2018 since he had the filing fee in cash, and (2) to extend the filing deadline and accept his paperwork on March 13, 2018.
Traditional mandamus under CCP Section 1085 is not the correct remedy. Elections Code Sections 13314(a)(1) and 16100 are the correct bases for relief. Elections Code Section 13314(a)(1) governs preelection remedies, and Section 16100 governs postelection remedies. Elections Code Section 13314(a)(1) provides:
An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, county voter information guide, state
Hearing Date
August 22, 2018
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SPECIAL SET HEARING ON: PETITION FOR WRIT OF MANDATE
SET BY DEPT. 9
* TENTATIVE RULING: *
Petitioner Victor’s Segovia’s writ of mandate pursuant to CCP Section 1085 is denied. Segovia contends that Respondent Joseph Canciamilla, Contra Costa County Clerk-Recorder- Registrar (“Registrar”) had a ministerial duty (1) to file Segovia’s papers on March 9, 2018 since he had the filing fee in cash, and (2) to extend the filing deadline and accept his paperwork on March 13, 2018.
Traditional mandamus under CCP Section 1085 is not the correct remedy. Elections Code Sections 13314(a)(1) and 16100 are the correct bases for relief. Elections Code Section 13314(a)(1) governs preelection remedies, and Section 16100 governs postelection remedies. Elections Code Section 13314(a)(1) provides:
An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, county voter information guide, state